Gujarat High Court
Gujarat Tea Processors And Packers Ltd vs Deputy Commissioner Of on 4 April, 2013
Author: Akil Kureshi
Bench: Akil Kureshi
GUJARAT TEA PROCESSORS AND PACKERS LTD....Appellant(s)V/SDEPUTY COMMISSIONER OF INCOME TAX....Opponent(s) O/TAXAP/2495/2009 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 2495 of 2009 With TAX APPEAL NO. 2497 of 2009 ================================================================ GUJARAT TEA PROCESSORS AND PACKERS LTD....Appellant(s) Versus DEPUTY COMMISSIONER OF INCOME TAX....Opponent(s) ================================================================ Appearance: MR MANISH J SHAH, ADVOCATE for the Appellant(s) No. 1 MRS MAUNA M BHATT, ADVOCATE for the Opponent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MS JUSTICE SONIA GOKANI Date : 04/04/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Tax Appeals are admitted for consideration of following substantial questions of law:
(i) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that because of the amendment by Finance Act, 2002 w.e.f. 01.07.95 the undisclosed income can be assessed under Chapter XIV-B on the basis of the contents of regularly maintained books of accounts including the seized purchase register which was also a regularly maintained book of account?
Whether the Tribunal was right in law and in facts in upholding the additions made by the Assessing Officer by comparing the price paid for purchase of tea through Pratima Traders as compared to the lower purchase price of the same commodity when purchased through other sources?
(AKIL KURESHI, J.) (MS SONIA GOKANI, J.) (vjn) Page 2 of 2